On approval of the rules for issuing or extending certificates of aliens or stateless persons confirming their qualification for independent employment, list of priority sectors (types of economic activity) and high demand occupations for self-employment of aliens or stateless persons

Order of the Minister of Health and Social Development of the Republic of Kazakhstan No. 503, dated June 13, 2016. Registered under No. 14149 in the Ministry of Justice of the Republic of Kazakhstan on August 25, 2016.

Unofficial translation

Footnote. The caption as amended by the order No.242 of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan dated 14.06.2018 (shall be put in force upon the expiry of ten calendar days after the first official publication).

In accordance with the subparagraph 21) of Article 7 of the Legislation of the Republic of Kazakhstan dated April 6, 2016 "On public employment" I hereby ORDER:

1. To approve:

1) Rules for issuing or extending certificates of aliens or stateless persons confirming their qualification for independent employment in accordance with annex 1 to the present order;

2) List of priority sectors (types of economic activity) and high demand occupations for self-employment of aliens or stateless persons in accordance with annex 2 to the present order.

Footnote. Paragraph 21 amended by the order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan No.242, dated 14.06.2018 (shall be put in force upon the expiry of ten calendar days after the first official publication).

2. That Committee of Labor, Social Protection and Migration of the Ministry of Labor and social Protection of Population of the Republic of Kazakhstan shall provide:

1) state registration of the present order in the Ministry of Justice of the Republic of Kazakhstan;

2) the delivery of the present order its copy for official publication in printed periodicals and Adilet information legal system within ten calendar days after the government registration;

3) the delivery of one copy in printed and electronic form in state and Russian language to the Republican State Enterprise on the Right of Economic Use “Republican Center of Legal Information” for inclusion to the reference database of normative legal acts of the Republic of Kazakhstan within five working days from the date of the receipt of the present order;

4) placement of the present order on the internet resource of the Ministry of Health and Social Development of the Republic of Kazakhstan;

5) submission of information on carrying out the actions, specified in subparagraphs 1), 2), 3) and 4) of the present paragraph to the Department of Legal Service of the Ministry of Health and Social Development of the Republic of Kazakhstan within ten working days from official registration of the present order.

3. Control over execution of the present order shall be entrusted to the Vice-Minister of Health and Social Development of the Republic of Kazakhstan Nurymbetov B.B.

4. The present order shall be put into force in January 1, 2017 and shall be subject to official publication.

Minister of
Health and Social
Development of the Republic of Kazakhstan	Duysenova T.

APPROVED

Minister of information and communication

of the Republic of Kazakhstan

________________ D. Abayev

July 27, 2016

APPROVED

Minister of Education and Science

of the Republic of Kazakhstan

________________ E. Sagadiyev

July 8, 2016

APPROVED

Minister for Investments and Development

Of the Republic of Kazakhstan

__________________Z. Kasymbek

July 20, 2016

APPROVED

Minister of Culture and sports

Of the Republic of Kazakhstan

__________________ A. Mukhamediuly

June 30, 2016

APPROVED

Minister of foreign affairs

Of the Republic of Kazakhstan

__________________E. Idrisov

June 29, 2016

APPROVED

Minister of Internal Affairs

Of the Republic of Kazakhstan

__________________ K. Kasymov

June 27, 2016

APPROVED

Minister of Energy

Of the Republic of Kazakhstan

__________________ K. Bozumbayev

June 16, 2016

Appendix 1 to the order No. 503 of the Minister of Health and Social Development Of the Republic of Kazakhstan dated June 13, 2016

Rules for issuing or extending certificates of aliens or stateless persons confirming their
qualification for independent employment

Footnote. The caption as amended by the order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan No.242, dated 14.06.2018 (shall be put in force upon the expiry of ten calendar days after the first official publication).

Chapter 1. General provisions

1. Present Rules for issuing or extending certificates of aliens or stateless persons confirming their qualification for independent employment (hereinafter referred to as the Rules), have been developed in accordance with the subsection 21) of Article 7 of the Legislation of the Republic of Kazakhstan dated April 6, 2016 "On Public Employment" (hereinafter referred to as the Legislation) and shall determine the procedures for issuing a certificate to a foreigner of a person without citizenship in accordance with level of qualification for independent employment in the Republic of Kazakhstan for occupations, demanded in economic priority sectors (types of economic activities).

Footnote. Paragraph 1 as amended by the order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan No.242, dated 14.06.2018 (shall be put in force upon the expiry of ten calendar days after the first official publication)

2. The following general definitions are used in the present Rules:

1) certificate of qualification for independent employment (hereinafter referred to as the Certificate) – document of the established form, issued in the manner, determined by the authorized body on employment of population, to an alien or a stateless person, according to qualification requirements and level of education, for self-employment in the Republic of Kazakhstan in occupations, demanded in economic priority sectors (types of economic activities)

1-1) Public Corporation “Government for Citizens” (hereinafter referred to as Public Corporation) – is a legal entity, developed by the Decision of the Government of the Republic of Kazakhstan for rendering state services, services for issuing technical conditions for connecting to the networks of natural monopoly entities and services of quasi-public sector entities in accordance with the Legislation of the Republic of Kazakhstan, organization of activities for accepting state services, services for issuing technical conditions for connecting to the networks of natural monopoly entities and services of quasi-public sector entities and issuing its results to the service recipient according to “one-stop-shop) principle, as well as provision of state services in electronic form, carrying out state registration of real estate titles at its location;

2) authorized body on the employment of population (hereinafter referred to as the Authorized Body) – is a central executive body of the Republic of Kazakhstan, that carries out leadership and cross-sector coordination in the field of employment in accordance with Legislation of the Republic of Kazakhstan.

Footnote. Paragraph 2 as amended by the order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan No.242, dated 14.06.2018 (shall be put in force upon the expiry of ten calendar days after the first official publication).

Chapter 2. Procedure of issuing and extending certificates of aliens or stateless persons
confirming their qualification for independent employment

Footnote. The caption as amended by the order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan No.242, dated 14.06.2018 (shall be put in force upon the expiry of ten calendar days after the first official publication).

3. Foreigner or a person without citizenship, residing outside of the Republic of Kazakhstan, shall file an application to a foreign establishment in the Republic of Kazakhstan in order to receive a certificate in the form according to annex 1 to the present Rules in the same language, providing translation in state or Russian languages.

4. The following documents shall be annexed to the application:

1) copy of an identity document;

2) 2) notarized translations (in Kazakh and Russian) of education documents, that underwent a procedure of approval and nostrification, in accordance with the Legislation of the Republic of Kazakhstan, except in cases, where otherwise is not provided by international contracts, ratified by the Republic of Kazakhstan or notarized translations (in Kazakh or Russian) of certificates for English language teaching;

3) copy of a notarized document, confirming labor activity, as well as its translation in state and Russian language.

Presented documents shall not be subject to the return.

Footnote. Paragraph 4 as amended by the order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan No.242, dated 14.06.2018 (shall be put in force upon the expiry of ten calendar days after the first official publication).

5. Within three working days from the date of application from an alien or stateless person, foreign establishments in the Republic of Kazakhstan shall transfer it and all annexed documents, specified in paragraph 4, to the authorized body.

6. In cases where the foreigner or a person without citizenship are residing in the Republic of Kazakhstan, they or their authorized person shall send an application in written form to an authorized body in order to receive a certificate in the form, according to annex 1 to the present Rules, with annexed documents, specified in paragraph 4.

7. If it was determined that presented documents are incomplete, as specified in paragraphs 3 and 4 to the present Rules, or in the event of their non-conformity to the Legislation of the Republic of Kazakhstan, the authorized body shall refuse to accept the document within three working days, presenting written justification of refusal indicating the documents not submitted and (or) not filled out in the prescribed form.

8. Registration of the certificate of an alien or stateless person shall be carried out by an authorized body and Government corporation.

Footnote. Paragraph 8 as amended by the order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan No.242, dated 14.06.2018 (shall be put in force upon the expiry of ten calendar days after the first official publication).

9. The Committee for compliance assessment of an alien or stateless person to qualification requirements and level of education (hereinafter referred to as the Committee) shall be created by an authorized body and shall consist of its representatives, authorized bodies in the area of education, state support of industrial and innovative activity and national Chamber of Entrepreneurs of the Republic of Kazakhstan “Atameken”, associations, internal affairs agencies, as well as central governmental authorities, that oversee the list of priority sectors (types of economic activity) and demanded occupations for self-employment for an alien or stateless person.

10. Within three working days from the date of registration of documents, specified in paragraphs 3 and 4 of the present Rules, the authorized body transfers them to the Committee.

11. When reviewing application and documents of an alien or stateless person, the Committee checks their compliance with qualification requirement for demanded occupations in the priority sectors (types of economic activity), according to the procedure approved by an authorized body, set forth by the present Rules.

Level of education (occupational training) and experience (work experience) of an alien or stateless person, that apply for certificate, must comply with qualification requirements, according to professional standards, specified in paragraph 2 of Article 117 of Labor Code of the Republic of Kazakhstan dated November 23, 2015 (hereinafter referred to as the Labor Code), with managers, specialists and workforce qualification reference book, according to subparagraph 16-1) of Article 16 of the Labor Code and with standard qualification profiles of managers, specialist and other employees of organization.

12. Based on the analysis of documents, presented by an alien or stateless person, as well as on the criterion of qualification characteristics, specified in paragraph 13 of these Rules, the Committee shall evaluate the documents and make recommendations for issuing or refusing to issue a certificate to an alien or stateless person, providing a reasoned justification for refusal, according paragraph 15 of these Rules. The decision of the Committee shall be taken separately in respect of each foreigner or a person without citizenship and shall be documented in a protocol and signed by the members of the commission present at the meeting.

13. The following scores shall be allocated to an alien or stateless person, based on the criterion of qualification profiles:

1) education:

degree qualified, in compliance with occupations, demanded in priority sectors (types of economic activity) – 3 points;

academic degree in the fields, demanded in priority sectors (types of economic activity) – 4 points;

certificate for English language teaching – 3 points.

2) work experience:

relevant work experience in occupations, demanded in priority sectors (types of economic activity):

from 1 to 3 years – 2 points;

from 3 to 10 years – 4 points;

from 10 years and higher – 6 points.

Footnote. Paragraph 13 as amended by the order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan No.242, dated 14.06.2018 (shall be put in force upon the expiry of ten calendar days after the first official publication).

14. Based on the Committee’s recommendation, the authorized body shall make a decision whether to issue a certificate in a relevant form, in accordance with annex 2 to the present Rules, within fifteen working days from the date of accepting an application.

15. The basis for refusal to issue a certificate to an alien or stateless person shall be:

1) non-compliance with qualification requirements or educational level for occupations, demanded in priority sectors (types of economic activity), approved in authorized body, according to a procedure set forth by the present Rules;

2) failure to achieve the threshold score of five points by an alien or stateless person.

16. Within three working days from the date of the decision making, the authorized body shall issue a Certificate in a relevant form, in accordance with annex 2 to the present Rules, notifying an alien or stateless person in writing.

17. In case of the decision to refuse to issue a Certificate, the authorized body shall specify the grounds for such decision, in accordance with paragraph 15 of the present Rules, and shall notify within three working days from the date of the decision making.

18. Certificates or reasonable refusals, issued by the authorized body to an alien or stateless person, residing outside of the Republic of Kazakhstan, shall be transferred to the Ministry of Foreign Affairs of the Republic of Kazakhstan for transmission to a foreign establishment in the Republic of Kazakhstan and for further issue to the applicants.

19. The Certificate, issued by the authorized body, shall not be transferable to another person and shall only be valid on the territory of the Republic of Kazakhstan.

20. The Certificate shall be issued for a period not exceeding three months.

21. In case of presenting the documents, stipulated in paragraph 22 of the present Rules, by an alien or stateless person, the authorized body shall extend the Certificate for the duration of the employment contract, but not more than three years.

Footnote. Paragraph 21 as amended by the order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan No.242, dated 14.06.2018 (shall be put in force upon the expiry of ten calendar days after the first official publication).

22. In order to extend the Certificate, an alien or stateless person shall send the following documents in written form to the a authorized body within five working days from the date of the employment contract:

1) certificate previously issued by the authorized body;

2) the application in any form, with indication of information about the employer, including the name, business identification number or individual identification number of the employer;

3) copy of employment contract.

Footnote. Paragraph 22 as amended by the order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan No.242, dated 14.06.2018 (shall be put in force upon the expiry of ten calendar days after the first official publication).

23. If the employer changes during the certificate validity period, an alien or stateless person shall send a written notice to the authorized body within five working days from the date of the conclusion of the new employment contract.

24. When changing the employer, the issuance of a certificate to an alien or stateless person shall be carried out in the manner prescribed by paragraphs 21 and 22 of the present Rules.

25. Upon termination of an employment contract for reasons, stipulated by the Labor Legislation of the Republic of Kazakhstan, an alien or stateless person shall notify the authorized body within five working days.

26. The basis for the withdrawal of a certificate is the exercising of occupation by an alien or stateless person that does not correspond to the certificate.

27 Renewal of a previously issued certificate shall be carried out in the event of a change in the surname, name, patronymic (if any), number and series of a document certifying the identity of an alien or stateless person.

Within five working days from the date of the change of the last name, first name, patronymic, number and series of the document certifying the identity an alien or stateless person shall submit an application to the authorized body to reissue the certificate, with copies of documents confirming the specified information.

Within three working days from the date of submission of the application, the authorized body shall renew the certificate with assignment of a new number.

In the event of loss or damage of the certificate, the authorized body shall issue a duplicate copy within five days from the date of application, with caption “Duplicate copy” in the upper right corner.

Herewith, the issued duplicate copy is valid until the expiration date of the original lost or damaged certificate.

Lost or damaged certificates are considered invalid from the date of the foreigner or a person without citizenship submitting a written statement about its loss or damage.

28. Certificate shall no longer be valid in the following cases:

1) due to expiry of validity period, for which it was issued;

2) due to revocation of the issued certificate;

3) after termination of the activities of the individual - the employer; liquidation of the legal entity - the employer;

4) when it was detected that an alien or stateless person provided false information when receiving a certificate.

Annex 1 to Rules for issuing or extending certificates of aliens or stateless persons confirming their qualification for independent employment

Footnote. Annex 1 as amended by the order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan No.242, dated 14.06.2018 (shall be put in force upon the expiry of ten calendar days after the first official publication).

	Form
	To the Ministry of Labor and Social Protection of the Population the of Republic of Kazakhstan dated _________________________ (surname, name, pantomimic (if available) ____________________________ (No. of passport (identity paper, ), date and the issuing body) Address, phone number, fax_____________________ Residence country, phone number _________________________

APPLICATION

I ask you to issue a certificate of qualifications for self-employment according to the profession ________________________________________________________________________

___________________________________________________________________________

(occupation, the branch of economy (type of economic activity)
according to the list approved by the order No. 503 of the Minister of Health and Social Development of the Republic of Kazakhstan dated June 13, 2016 “On Approval of the Rules for Issuing Information to Aliens or Stateless Persons on the Compliance of His Qualifications for Self-Employment, List priority industries (types of economic activity) and the professions demanded in them for independent employment of foreigners and stateless persons”) (registered in the Register of state registration of regulatory legal acts under No. 14149).

I consent to the collection and processing of my personal data necessary for issuing a certificate of qualification for independent employment.

The application shall be accompanied by:

1)___________________________________________________________________

2)___________________________________________________________________

3) __________________________________________________________________

Date of application: "___" __________ 20 _ years

Applicant’s signature _________________

Annex 2 to Rules for issuing or extending certificates of aliens or stateless persons confirming their qualification for independent employment

Footnote. Annex 2 as amended by the order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan No.242, dated 14.06.2018 (shall be put in force upon the expiry of ten calendar days after the first official publication).

Form

Ministry of Labor and Social Protection of the Republic of Kazakhstan
CERTIFICATE
of qualification compliance for independent employment

No._______ from " " 20__.
Issued
_______________________________________________________________________________
(surname, name, pantomimic (if available)
_______________________________________________________________________________
it is decided that he (she) complies to qualification requirements and education level for independent employment in the Republic of Kazakhstan in the following profession, that is in demand in priority sectors (types of economic activity):
_______________________________________________________________________________
_______________________________________________________________________________
(profession, demanded in the branches of economy
(types of economic activity), branch according to the list, approved by the order No. 503 of the Minister of Health and Social Development of the Republic of Kazakhstan dated June 13, 2016 “On Approval of the Rules for Issuing Information to Aliens or Stateless Persons on the Compliance of His Qualifications for Self-Employment, List priority industries (types of economic activity) and the professions demanded in them for independent employment of foreigners and stateless persons”) (registered in the Register of state registration of regulatory legal acts under No. 14149).
Grounds for the issue____________________________________________________
Life of the certificate _______________ till (day, month, year) ____________ (day, month, year)
Stamp here ______________________________________________________________
(surname, initials) (signature)

Annex 2 To the order No. 503 of the Minister of Health and Social Protection of the Republic of Kazakhstan dated June 13, 2016

List of priority sectors (types of economic activity) and demanded professions for
self-employment of foreigners

Footnote. List as amended by the order of the Minister of Labor and Social Protection of the Population of the Republic of Kazakhstan No.242, dated 14.06.2018 (shall be put in force upon the expiry of ten calendar days after the first official publication).

№	Priority branches of economy	Types of economic activity	Professions
1	2	3	4
1.	General secondary education	1. Teacher – 6-th and 7-th level of qualification according to national (branch) qualification framework (recommended occupations within education organization: 1) biology teacher (with knowledge of a foreign language) 2) computer science teacher (with knowledge of a foreign language) 3) supplementary education teacher (with knowledge of a foreign language) 4) physics teacher (with knowledge of a foreign language) 5) chemistry teacher (with knowledge of a foreign language) 6) foreign language teacher 7) math teacher (with knowledge of a foreign language)
	Technical or professional secondary education	1. Teacher - 6-th and 7-th level of qualification according to national (branch) qualification framework (recommended occupations within education organization: 1) general education, social and economic, general profession and special courses teacher (according to a profile) (with knowledge of a foreign language) 2) foreign language teacher
	Higher or postgraduate education	1 Lecturer, research engineer - 7-th and 8-th level of qualification according to national (branch) qualification framework (recommended occupations within education organization: 1) special courses instructor (with knowledge of a foreign language) 2) research engineer (with knowledge of a foreign language) 3) manager (rector, pro-rector, dean, unit manager) (with knowledge of a foreign language) 4) foreign language teacher
2.	Healthcare and social service	Health activities	Anesthesiologist, emergency physician 2. Children’s operating surgeon (neonatal) 3. General practice doctor 4. Neonatology physician 5. Oncohematologist 6. Oncologist 7. pathoanatomist (including cytopathologist) 8. Pediatric physician 9. Addiction psychiatrist 10. Physical engineer (in medicine) 11. Tuberculotherapist
3.	Real estate operations, lease and consumer services	Activities, involving computer science	1. Software product assistance specialist (special effects specialist, specialist in the technology industry, animations or computer-generated graphics) 2. Programmer (computer) (Software programmer) 3. Database administrator 4. Software engineer for introduction of new technology 5. System architect 6. System analyst
4.	Municipal, social and personal services	Recreational activities, entertainment, cultural and sporting events	1. Actor 2. Props man 3. Equipment maintenance engineer (audio, video) 4. Sound engineer (Dolby surround system) 5. Fine art expert 6. Testing and film processing engineer (motion picture development) 7. Layer, economist, engineer with the 7-th and 8-th level of qualification according to national (branch) qualification framework (recommended occupations within education organization: 1) center director (museum, scientific and engineering art)
5.	Transport and communication	Railway service	1. Factory inspector (railway products)
		Air transport activities	1. Aviation design engineer 2. Air transportation operator (passenger, mail, international) (flight operations specialist) 3. Aviation equipment diagnostics engineer (maintenance, repair and diagnosis of aircraft equipment) 4. Avionics engineer 5. Aircraft passenger cabin equipment specialist 6. Spacecraft ballistic equipment provision specialist 7. Specialist in onboard systems of spacecrafts 8. Operating control service engineer (aerial vehicle preparation control, provision of a daily flight plan, information and reference works) (aviation standards and publication specialist) 9. Flight security administrator (flight operating safety)
		Maritime transport operations	Lawyer, economist, engineer – 7-th and 8-th level of qualification according to national (branch) qualification framework (recommended occupations: 1) port fleet chief 2) deputy chief of the port fleet) 2. Captain-instructor 3. Shipbuilding design engineer 4. Shipbuilding maintenance chief engineer 5. Engineer-instructor 6. Underwater technical operations engineer (construction of marine pipelines, underwater pipeline engineer) 8. Supervisor (for marine structures) 9. Electric systems engineer (marine equipment operation)
6.	Processing industry	Metallurgy industry and production of finished metal products	Lawyer, economist, engineer – 7-th and 8-th level of qualification according to national (branch) qualification framework (recommended occupations: 1) director (director general, director of operations, president, chairman, administrator) of organization 2) investor relations director 3) deputy director (director, vice-president) of production 4) investor relations manager 5) chief of department of investor relations)
		Coke industry, oil and nuclear materials production	Lawyer, economist, engineer – 7-th and 8-th level of qualification according to national (branch) qualification framework (recommended occupations: 1) director (director general, director of operations, president, chairman, administrator) of organization 2) investor relations director 3) deputy director (director, vice-president) of production 4) investor relations manager 5) chief of department of investor relations)
		Food production, including beverages and tobacco	Lawyer, economist, engineer – 7-th and 8-th level of qualification according to national (branch) qualification framework (recommended occupations: 1) director (director general, director of operations, president, chairman, administrator) of organization 2) investor relations director 3) deputy director (director, vice-president) of production 4) investor relations manager 5) chief of department of investor relations)
		Chemical and petrochemical industry	1. Instrument and automation engineer in the field of gas transportation 2. Equipment batching engineer (in the field of gas transportation) 3. Line structures engineer (in the field of gas transportation) 4. Production manager 5. Debugging test engineer (in the field of gas transportation) 6. Technical engineer 7. Debugging, technological development and exploitation engineer (in the field of gas transportation) 8. Chemical engineer 9. Electric engineer (power and water supply, electrochemical protection)
		Production of machinery and equipment	1. Chief engineer 2. Performance standards engineer 3. Lawyer, economist, engineer – 7-th and 8-th level of qualification according to national (branch) qualification framework (recommended occupations: 1) director (director general, director of operations, president, chairman, administrator) of organization 2) investor relations director 3) deputy director (director, vice-president) of production 4) investor relations manager 5) chief of department of investor relations) 4. Electric engineer
		Production of electric, electronic and optical equipment	1. Chief engineer 2. Lawyer, economist, engineer – 7-th and 8-th level of qualification according to national (branch) qualification framework (recommended occupations: 1) director (director general, director of operations, president, chairman, administrator) of organization 2) investor relations director 3) deputy director (director, vice-president) of production 4) investor relations manager 5) chief of department of investor relations) 3. Technical engineer 4. Maintenance engineer and repair of power-generating machinery
		Manufacture of other non-metallic mineral products	Lawyer, economist, engineer – 7-th and 8-th level of qualification according to national (branch) qualification framework (recommended occupations: 1) director (director general, director of operations, president, chairman, administrator) of organization 2) investor relations director 3) deputy director (director, vice-president) of production 4) investor relations manager 5) chief of department of investor relations)